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SOSC 1375 cases overview for final exam

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Department
Social Science
Course
SOSC 1375
Professor
Olena Kobzar
Semester
Fall

Description
When rights conflict Community Consensus > Who decides? > does there need to be a sense of sisal solidarity? > Abortion: different versions of individual responsibility and social justice Canadian Charter Rights and Freedoms > enacted in the constitution act of 1982 > departure from parliamentary supremacy; major shift of power from the legislative to judicial body > it guarantees "allCanadians rights to liberty, equality under the law, and freedom of religion, expression, association and peaceful assembly" > regulates relationships b/w gov. (federal or provincial) and person/people > Charter and Democracy > parliament - democratically elected > courts interpret rights > charter - deliberated by a small exclusive, largely homogeneous group of people - all white, born in canada, must be male, 50-60 y.o > preamble to the Charter; "whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law" Rights > rights are 'fundamental', but not 'absolute' > courts interpret rights > sec. 1: the reasonable limits clause: gov can olny proscribe limits that can be DEMONSTRABLY justified in a free and democratic society - gauge because courts can interpret this > sec. 33: the Notwithstanding clause - only applies to sec. 2, 7-15 (took pic of R. v. Oakes) > charged with being a drug dealer - said under sec. 8, everyone is not guilty until proven guilty - in court of law you would have to prove you are not a drug dealer (reverse onus) > gov. had argument of sec. 1 argument - the limit is justified in a free and democratic society 1) Prescribed by law - the limitation must be part of law 2) the objective of the law must be pressing and substantial -don't want drivers to die 3) proportionality > his rights to be proven guilty they were infringing Polygamy > sec. 293 of the Criminal Code reflects "christen norms and clause from 120 years ago" - discriminative against their religion because can't have more than one wife in Canada > must the law enforce the norm to the exclusion of a
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